SHIN KOU SABRE: TERMS OF SERVICE

1. Delivery Conditions

Free Standard Delivery applied on orders with a total purchase price of $100 and over (except for Goods that require Special Delivery). Standard delivery fee of $25 applies to all orders with a total purchase price of under $100.

The average delivery times for Standard delivery are:
4-7 Business days for Australian wide including most country areas
7-10 Business days for WA country, far North QLD and most of NT, outside Alice Springs and Darwin.
This free delivery offer is subject to change at any time. However, all Orders processed during a free delivery offer period will be processed in accordance with the offer.

2. Scope

This agreement is a contract between the customer (you) and Shin Kou Sabre ABN 45 006 027 474, Dobbins Road Jeeralang Junction Victoria 3840 (Shin Kou Sabre). These terms apply to the ordering, purchase and delivery of Goods from shinkousabre.net and form a contract between you and Shin Kou Sabre (Terms) as amended from time to time.

These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.

Other important terms may also apply to your Order, such as the Shin Kou Sabre Exchange of Goods Policy, or specific terms for certain Goods as identified in the product description field on the Website.

3. Definitions

The following definitions apply to these Terms.

Large Goods are heavy and bulky goods where extra handling and additional resources are required for delivery (i.e. a two man truck). Additional Delivery Fees and requirements may apply. To check whether Goods you are ordering are affected, look for the 'Large Goods' symbol when placing your Order.

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on your Order.

Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods under clause 10.

Goods means the items offered for sale described or displayed on the Website.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Shin Kou Sabre under these Terms.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (including GST).

You and Your means you as the purchaser of Goods from Shin Kou Sabre pursuant to these Terms.

4. Compliance with Terms and Conditions

4.1 You will be bound by these Terms when you submit an Order via the Website. Each Order you place will be a separate contract between you and Myer Online for the supply of Goods, under these Terms.

5. Orders

5.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.

5.2 You acknowledge that all Orders are for Goods intended for personal and non-commercial use only, quantity restrictions of 5 units per item of iPads and lego products and 10 units per item of gift cards including iTunes cards currently apply to all customers for the duration of the offer.

Additional quantity restrictions may apply from time to time, and these will be stated on the relevant product page.

For example, there is generally a restriction on print editions: only 5 art print products may be purchased in one transaction or under one promotion.

Generally, you may only purchase a maximum of 5 art photo books of the same kind (eg 5 Shin Kou Sabre art photo books and/or movies) at a time. You acknowledge that Orders for Shin Kou Sabre products are not for re-sale, for commercial use, or for use by governments or educational institutions.

5.3 In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.

5.4 Shin Kou Sabre will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.

5.5 You also agree to obtain consent to provide Shin Kou Sabre with personal details of recipients of gifts Ordered by you.

5.6 You may Order from Shin Kou Sabre if you are aged 18 years or over, have an active email account and a telephone number at which you can be contacted.

5.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Shin Kou Sabre or otherwise under these Terms). However, you can return Goods under the Exchange Policy. You should check your Order carefully before submitting your Order. For terms on cancellations or returns see clause 13.

5.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order - see clause 10. Subject to clause 5.2, you can order as many Goods as you wish in one Order up to the total Order value of $10,000 (including GST).

5.9 You will be provided with an Order number when you submit your Order. The Order number is required when contacting us about your Order.

6. Acceptance of Orders

6.1 Shin Kou Sabre reserves the right to accept or reject your Order for any reason at any time.

6.2 When we accept an Order, it constitutes an agreement by Shin Kou Sabre to supply the Goods under these Terms.

6.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.

6.4 Shin Kou Sabre will not be liable to you for your loss or that of any third party for the rejection of an Order.

6.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 9.

6.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 6.1 and notify you of that rejection via phone or email within 5 Business Days.

7. Availability of Goods

7.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, Shin Kou Sabre will use reasonable endeavours to either:
(a) source the Goods; or
(b) contact you within 5 Business Days to either:
(i) arrange a full or partial refund; or
(ii) change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you; or
(iii) come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods under clause 9.

7.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Shin Kou Sabre will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

7.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 9.

7.4. Shin Kou Sabre reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 9, and Shin Kou Sabre will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Exchange Policy.

7.5 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only, and may be sold separately;
(b) you have read any written description of the Goods on the Website before submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in real life; and
(d) where we provide dimensions and measurements in the descriptions of a Good , it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good);

8. Price and Payment

8.1 The Price in respect of a Good is specified on the Website.

8.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.

8.3 Shin Kou Sabre reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 7.4 will apply).

8.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Delivery Fee.

8.5 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit card or Pay Pal. When paying by credit card, you authorise Shin Kou Sabre to place a hold up to the value of your Order on your card. Payment is only debited from your card at the time your Order is ready or a Delivery Agent used by Shin Kou Sabre. The name on the credit card used for the payment must match the name on the Order.

8.6 Lay by is not available for purchases made on the Website. However for some Large Goods a deposit may be required with full payment taken when your Order is ready for delivery.

8.7 Any payment for an Order must be cleared by Shin Kou Sabre before Goods are dispatched. If your payment cannot be processed, your Order will be rejected under clause 6 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

8.8 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

8.9 You will receive an Order confirmation by email once payment has been processed.

8.10 Where an Order is split under clause 10.12, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees under clause 10.12.

9. Exchange of Goods

9.1 If Shin Kou Sabre processes a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Shin Kou Sabre is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

9.2 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Shin Kou Sabre is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.

10. Delivery

10.1 Shin Kou Sabre uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.

10.2 We are only able to deliver to PO Box addresses within Australia.

Delivery Areas
10.3 Subject to clauses 10.4 and 10.5, delivery is available within Australia in our pre-defined delivery areas for all Goods. For information about the pre-defined delivery areas, please see the postcodes that Shin Kou Sabre delivers to here.

10.4 For Large Goods, delivery may be limited to metropolitan regions within Brisbane, Melbourne, Perth and Sydney, unless otherwise agreed between Shin Kou Sabre and you and confirmed in writing. Check the current list of postcodes that Shin Kou Sabre delivers to here.

10.5 Where the Delivery Address is outside of metropolitan regions, we encourage you to contact Shin Kou Sabre via this form to confirm delivery availability and to provide you with a delivery quote before you submit your Order. If an Order is submitted, but the Delivery Address is not within metropolitan regions, we will contact you to provide you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will refund any money paid to us under clause 9.

Delivery Fees
10.6 The Delivery Fees for Shin Kou Sabre Orders are:
Standard Delivery Fee: $25 per Orders with a total purchase price under $100, FREE delivery for Orders with a total purchase price $100 and over (except for Goods that require Special Delivery); Special Delivery Fee for certain Goods:
$65 for each Large Good delivered within metropolitan regions under clause 10.4. Delivery Fees outside of metropolitan regions may vary.

10.7 Where you purchase multiple Goods that attract both a Standard Delivery Fee and a Special Delivery Fee (as defined above), you will be required to pay both Delivery Fees, and you authorise Shin Kou Sabre to make such deductions from your nominated method of payment. For example, if you purchase an art photo book and a large framed photograph, the total Delivery Fee payable will be $90 ($25 for the art photo book and $65 for the large framed photograph).

10.8 We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made under clause 9.

10.9 Where the Website provides for 'Free Standard Delivery', the fee listed under clause 10.6(a) will not apply to Orders placed during the period of the 'Free Standard Delivery' offer. 'Free Standard Delivery' does not apply to Goods that have a Special Delivery Fee (as indicated on the Website), or for change of mind and replaced Goods under the Exchange Policy. Where no end date to the 'Free Standard Delivery' period is specified on the Website, we may change the offer at any time. However, all Orders processed during a Free Standard Delivery offer period will be processed in accordance with the offer.

Delivery Times
10.10 Subject to clause 10.9. Shin Kou Sabre aims to achieve the delivery time frames set out below.

(a) all Standard Fee and Special Delivery Fee Goods (excluding Large Goods):
(i) Australia wide (including capital cities and suburbs, and most regional areas): 4-7 Business Days; and
(ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;
(b) Standard Fee special edition books (as noted on the Website): 10-15 Business Days; and
(c) Large Goods - 7-14 Business Days, on a date agreed by you and Shin Kou Sabre.
Selected Large items may be collected at a nominated date within one month of date of your Order.

Selected Large items may be classified as special order from suppliers and may take longer to be ready for delivery. This will be noted on the Website.

We cannot guarantee that Orders that are split under clause 10.12 will be delivered on the same day.

10.11 Notwithstanding the delivery times in clause 10.10:

(a) Shin Kou Sabre cannot guarantee that delivery will occur in the delivery time frames; and
(b) Shin Kou Sabre is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

10.12 During major events Orders may experience delivery delays. Shin Kou Sabre will provide notification on the Website of such delays.

General terms for delivery
10.13 Delivery of Goods will take place at the Delivery Address specified by you in the Order. If available on products in your cart, you may split your delivery and deliver selected parts of your order to different addresses. You may choose this option in the Order process. Separate Delivery Fees will be charged for each address to which Goods are delivered.

10.14 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 10.15, the representative must be over 18 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.

10.15 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Restricted Goods). Shin Kou Sabre may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.

10.16 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by contacting us after placing your Order. This includes, without limitation:
(a) restricted access or parking for our truck;
(b) restricted or limited access to the premises; or
(c) for Large Goods, if you have narrow doors, spiral staircase or tight corners.

10.17 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card will be left for you to collect the Goods (except Big and Bulky Goods) from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

10.18 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where re-delivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.

10.19 Where you do not collect your Goods (excluding Large Goods) from the Australia Post office within 10 days of a failed delivery, you must contact us via this form for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Delivery Fees.

10.20 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by emailing us via this form. You can otherwise return Goods under clause 14. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract another Delivery Fee.

10.21 By contacting Shin Kou Sabre via email, Orders that have not yet been dispatched may be able to be modified.

10.22 Express delivery are not available.

Large Goods
10.23 For Large Goods, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Shin Kou Sabre's Delivery Agent. If you are not available and re-delivery is required, a calling card will be left for you to arrange re-delivery. Where re-delivery is required because you were not available at the agreed time, you consent to paying additional Delivery Fees as required by the Delivery Agent.

10.24 Some Large Goods may require installation. The Delivery Agents are not required to unpack, assemble or construct Goods as part of the delivery service. Installation of the Goods is your responsibility and at your expense.
10.25 If you are not personally available to collect the goods, you may appoint a representative. The name of the representative must be included on your Order form. The representative must supply a copy of your Order confirmation email (printed or on their smart phone or mobile device) and photo identification at the time of collection. The representative must be over 18 years of age, and you agree that Shin Kou Sabre will be entitled to rely on the representative's instructions as if they were your own.

11. Restricted Goods

11.1 You agree that in ordering Goods that are or contain Restricted Goods, that:

(a)you are aged 18 years or over;
(b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and
(c) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
11.2 Where Shin Kou Sabre has reasonable grounds for believing you have breached clause 11.1, Shin Kou Sabre may reject your Order under clause 6.1. We will refund any money paid to us in respect of your Order under clause 9.

12. Risk and Title

12.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

13. Order cancellations and Returns

13.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address. You should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods under the Exchange Policy.

Delivery Fees will not be refunded if you return Goods for change of mind or incorrect size.

13.2 Goods can only be returned under these Terms (in particular, this clause 13) and under the Exchange Policy. The Exchange Policy forms a part of these Terms.

13.3 The following terms apply in addition to the Exchange Policy for purchases from Shin Kou Sabre:
Large Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please contact us via this form if the product is faulty so that a return can be arranged. Large Goods cannot be returned at Shin Kou Sabre's premises until confirmation has been obtained from Shin Kou Sabre.

13.4 If you would like to make a return under the Exchange Policy and you are based from overseas, please contact us via this form to organize an alternative arrangement.

14. Privacy

14.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order under Shin Kou Sabre's Privacy Policy. See Shin Kou Sabre's Privacy Policy for further information on how to access or update any records of Personal Information.

15. Warranties you make to Shin Kou Sabre

15.1 You represent and warrant to Shin Kou Sabre that Shin Kou Sabre will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

15.2 Subject to any rights you have under any consumer protection law, Shin Kou Sabre excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.

15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

16. Termination

16.1 Shin Kou Sabre reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:

(a)for convenience, at any time, upon provision of notice to you;
if Shin Kou Sabre reasonably believes that you have breached these Terms and:
(i) that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

17. General

17.1 Shin Kou Sabre reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Shin Kou Sabre with respect to that Order.

17.2 Shin Kou Sabre may give notice to you by electronic mail. You may give notice to Shin Kou Sabre by electronic mail to our email address via this form.

17.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

17.4 A failure or delay by Shin Kou Sabre to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Shin Kou Sabre does not preclude its future exercise or the exercise of any power or right.

17.5 A reference to a clause is a reference to a clause of these Terms.

17.6 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Jeeralang Junction, Victoria.